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ATKINSON v. DENTON PUB. CO.

No. 94-40302.

84 F.3d 144 (1996)

Franklin ATKINSON, Plaintiff-Appellant, v. DENTON PUBLISHING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 6, 1996.

Attorney(s) appearing for the Case

David Stanley Jones, Steven H. Phelps, Dallas, TX, for Appellant.

J. Shelby Sharpe, Sharpe & Spurlock, Ft. Worth, TX, for Appellee.

Before REYNALDO G. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

DeMOSS, Circuit Judge:

For 21 years Franklin Atkinson was the circulation manager for the Denton Record-Chronicle, a paper owned by Denton Publishing Company. On December 30, 1991, at age 58, Atkinson was terminated. Atkinson filed this lawsuit, claiming that he was unlawfully discharged in that (1) he was discharged because of his age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 623, (2) his discharge breached a written employment contract...

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